Proposed Settlement Reached in Class Action Against Shop-Vac Corporation and Lowe's Home Centers, LLC

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Jun 16, 2016, 07:59 ET

HARRISBURG, Pa., June 16, 2016 /PRNewswire/ -- A settlement has been proposed in a class action lawsuit (In re: Shop-Vac Marketing and Sales Practices Litigation, MDL No. 2380) about certain advertising related to Shop-Vac® brand wet/dry vacuums (the "Vacuums"). The U.S. District Court for the Middle District of Pennsylvania authorized this Notice and will decide whether to approve the settlement.

Plaintiffs allege that Defendants Shop-Vac Corporation and Lowe's Home Centers, LLC misrepresented the peak horsepower ratings and tank capacity of the Vacuums. Defendants deny these allegations.

The Settlement would extend the manufacturer's warranty on the motors of the Vacuums for at least 2 years. The proposed Settlement also includes changes to the descriptions of peak horsepower ratings and tank capacity on marketing materials.

"Settlement Class Members" are each person in the United States and its territories who, from January 1, 2006 to May 26, 2016, either (1) purchased a Vacuum, or (2) received a Vacuum as a gift, or (3) acquired possession of a Vacuum through other lawful means, other than for resale or distribution.

Settlement Class Members do not need to do anything in order to qualify for the settlement benefits. The manufacturer's warranty extension will automatically apply and the changes to the peak horsepower ratings and tank capacity descriptions will be made.

The Court will hold a Fairness Hearing at the Ronald Reagan Federal Bldg. & U.S. Courthouse, 228 Walnut Street, Harrisburg, PA 17101 on September 15, 2016 at 9:30 a.m. to determine whether the Settlement is fair, reasonable and adequate and to consider interim Class Counsel's applications for attorneys' fees and expenses of up to $4,250,000 to be paid by Defendants and for awards up to $5,000 each for the five plaintiffs to be paid from the attorneys' fees awarded. Settlement Class Members or their lawyers may ask to appear and speak at the hearing at their own expense, but do not have to.

If the Settlement is approved by the Court, any Settlement Class Members who do not exclude themselves will be bound by the judgment and legal claims that they may have against Defendants related to the Vacuums will be released. Settlement Class Members who do not wish to be bound by the Settlement must mail a written request for exclusion to Shop-Vac Wet/Dry Vacuum Class Settlement, Settlement Administrator, P.O. Box 4129, Portland, OR 97208-4129 postmarked by August 15, 2016. Or, Settlement Class Members may file a formal written objection to the Settlement by August 15, 2016.

This notice is only a summary. For more information, visit www.ShopVacPHPSettlement.com, or call 1-844-807-7711. Do not contact the Court.

Key Dates

Deadline to request exclusion from the Settlement Class	Must be postmarked or received by August 15, 2016
Deadline to object to the Settlement	Must be postmarked or received by August 15, 2016
Deadline to send your Notice of Intention to Appear at the Fairness Hearing	Must be postmarked or received by August 15, 2016
Court's Fairness Hearing	September 15, 2016 at 9:30 a.m.